ALPINE MOBILITY LLC d/b/a BACKCOUNTRYNAV.COM:
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT
INTRODUCTION: Please read this entire Acknowledgement and Assumption of Risks & Release and Indemnity Agreement (“Document”) carefully before signing. This Document informs you about your responsibilities and assumption of risks, and includes a release of liability, indemnification obligation, and surrender of certain legal rights. The course participant (“I,” “me,” “my,” “myself,” or “participant,” as appropriate) must sign this Document. In consideration of the services of Alpine Mobility LLC d/b/a backcountrynav.com (“AM”) in allowing me to participate in a backcountry navigation class (“Class”), I acknowledge and agree as follows:
ACTIVITIES, RISKS, AND ACKNOWLEDGMENT AND ASSUMPTION OF RISKS:
The Class will teach participant how to use certain online mapping tools to design and plan outdoor adventures. Applying the information learned in a Class, in the United States or in international locations, includes risks. Activities that participant may plan and do with information learned in a Class may include, but are not limited to: alpine touring, ski touring, split boarding, freeride skiing or snowboarding, cross-country skiing, snowshoeing, hiking and backpacking, trail running, rock and ice climbing, canyoneering, trekking, mountaineering, camping, road biking, gravel biking, mountain biking, hunting, kayaking, canoeing, fishing, horseback riding, backcountry touring using an all-terrain vehicle or snowmobile, using outdoor equipment, and traveling (for example) in planes, boats, vans, jeeps, buses and/or other vehicles or by bike, boat, foot, skis, animal or other means (collectively, ”Activities”). Activities may be scheduled or unscheduled, guided or unguided, done alone or with other people. I acknowledge that the inherent and other risks, hazards, and dangers (collectively, “Risks”) of Activities can cause injury, property damage, death, or other loss to myself or others. The following describes some, but not all of the Risks of Activities: Outdoor environment. Risks include travel in high-altitude (up to or above 14,000 feet), mountainous, wilderness, desert, canyon, glacial, rainforest, jungle or other terrain, both on and off trail. Activities may be subject to storms, including rain, lightning, snow or ice, hail, strong winds, hurricanes or other natural disasters; extremely hot, humid, or cold weather or water and rapid and unpredictable weather changes; flash floods; mud, snow, or rock slides, including avalanches; fast moving oceans, rivers, or other water bodies, including tides, waves, currents and whitewater; steep, exposed and rugged terrain; falling or slippery rocks, ice, or snow chunks; boulder fields; falling or fallen timber; stinging, venomous, and/or disease carrying animals, insects or microorganisms; poisonous plants; close and unpredictable contact with wild or domestic animals; and other natural or man-made hazards. Hazards may not be marked or visible and weather is always unpredictable. Judgment and decision-making. Outdoor recreation enthusiasts make various judgments and decisions in a variety of environments that are, by their nature, imprecise and subject to error. Risks include that the participant or other person may misjudge the participant’s (or other’s) capabilities, health or physical condition, may bend to peer pressure, may act carelessly or recklessly, or may misjudge some aspect of a planned route, a navigation tool, weather, terrain, water conditions, or Activity location. Personal health and participation. The participant’s mental, physical, or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), known or unknown, combined with participation in the Activities includes risks. Participant, whether or not in conjunction with a medical provider, should consider carefully whether Activities are appropriate for his or her condition. Recreation or physical activity. Activities include frequent and repetitive use of the arms and legs, lifting, bending, walking, riding, carrying weight, balancing, climbing, descending, and endurance. Risks include that a participant may overestimate his or her abilities or fitness; be inattentive; lose control and trip or fall and/or collide with or impact others, the ground, rocks, trees or encounter other hazards; not understand the functioning of (or misuse) equipment; fail to negotiate steep, uneven, or difficult terrain; or not control his or her speed. Geographic location and technology. Activities may take place in remote locations, several hours or up even days from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation, and medical care. Available medical facilities may be primitive, inadequate, or inaccessible. Although participant may have access to wireless communication devices (including cell phones); use of these devices in any location is unreliable and inconsistent. GPS devices and cell phone can freeze, malfunction, lose battery power, or be lost. Equipment. Risks include that equipment used in Activities may be misused, may not fit, or may break, fail or malfunction. This includes participant’s personal equipment or other equipment (whether purchased, borrowed or rented). Participant assumes full responsibility for choosing appropriate personal equipment, and for the fit, condition, and functionality of equipment. The Risks may result in participant: falling partway or falling to the ground or into the water; being struck by, colliding with or impacting objects, people, vehicles, or the bottom of a water body; experiencing bicycle/vehicle/boat collision, capsize, or rollover; adversely reacting to high altitudes, weather conditions, or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions; or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite, or heat exhaustion/stroke), dehydration, hyponatremia, drowning, high altitude sickness (i.e. High Altitude Pulmonary or Cerebral Edema), heart or lung complications, broken bones, paralysis or other permanent disability, mental or emotional trauma, concussions, sunburn or other burns, infections, illnesses (including contracting animal/insect borne and/or contagious diseases or viruses), cuts, wounds or other injury, damage, death, or loss. I am voluntarily participating in the Class and in Activities with knowledge of these Risks, and certify that I am capable of participating in Activities due to training, experience, or both. Therefore, I assume and accept full responsibility for the Risks, and any other risks – whether or not inherent – of the Activities (known or unknown, identified or not), and for any injury, damage, death, or other loss suffered by me resulting from those risks, including the risk of my own negligence or other misconduct.
RELEASE & INDEMNITY AGREEMENT:
Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I agree:
1) to release and agree not to sue Alpine Mobility LLC and its owners, officers, members, managers, employees, agents, and representatives and all other affiliated person/s or entity/s (the, “Released Parties”), with respect to any and all claims, liabilities, suits, or expenses (including attorneys’ fees and costs) (“Claim” or “Claims”), for any injury, damage, death, or other loss in any way connected with my enrollment or participation in the Class or Activities. I understand that I agree here to waive all Claims I may have against AM, bind my estate and any family member/heir/other party bringing Claims, and agree that neither I, nor anyone acting on my behalf, will make a claim against AM as a result of any injury, damage, death, or other loss suffered by me;
2) to defend and indemnify (“indemnify” means to protect by reimbursement or payment) the Released Parties, with respect to any and all Claims:
a) brought by or on behalf of me, my spouse, children, or other family member/s or my heir/s or estate for any injury, damage, death, or other loss in any way connected with my enrollment or participation in the Class and/or Activities; and/or;
b) brought by any other person or entity for any injury, damage, death, or other loss to the extent caused by my conduct after participating in a Class, or brought by a medical care provider, insurer, or other third party as a result of medical or other care or services provided to me, including transportation and evacuation costs.
This Release and Indemnity Agreement includes Claims of or resulting from the Released Parties’ negligence (but not any of their gross negligence or willful and wanton misconduct), and includes Claims for personal injury or wrongful death (including but not limited to Claims related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, breach of contract or any other Claim.
• Idaho substantive law (without regard to its “conflict of laws” rules) governs this Document, any dispute I have with the Released Parties and all other aspects of my relationship with the Released Parties, contractual or otherwise, and agree that any lawsuit or other legal proceeding must be filed or entered into only (exclusively) in Teton County, Idaho. I agree to attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Idaho mediator;
• AM reserves the right to dismiss any participant from a Class if AM believes, in its sole discretion, the participant presents a safety concern or
medical risk, is disruptive or otherwise conducts himself or herself in a manner detrimental to the Class. If participant is dismissed or departs for any reason, participant will remain responsible for all costs of the Class;
• this Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any part of this Document is deemed unlawful or unenforceable, it shall not affect the enforceability of the remainder, and those remaining provisions shall continue in full force and effect.
I agree: I have carefully read, understand and voluntarily sign this Document, and acknowledge that it shall be effective and legally binding upon me, my spouse, children, and other family members, and my heirs, executors, representatives, subrogees, assigns, and estate. The participant must select I agree on the any forms to be submitted on backcountrynav.com.